IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
_________________________, §
Plaintiff(s), §
v. §
§
_________________________, § A-__-CV-__-ML
Defendant(s). §
SCHEDULING ORDER
Pursuant to Rule 16, Federal Rules of Civil Procedure, the court issues the following
scheduling order:
1. A report on alternative dispute resolution in compliance with Local Rule CV-88 shall
be filed on or before ______________.
2. The parties asserting claims for relief shall submit a written offer of settlement to
opposing parties on or before ______________, and each opposing party shall respond, in
writing, on or before ______________. All offers of settlement are to be private, not filed, and
the court is not to be advised of the same. The parties are ordered to retain the written offers of
settlement and responses as the court will use these in assessing attorney’s fees and court costs at
the conclusion of trial.
3. The parties shall file all amended or supplemental pleadings and shall join additional
parties on or before ______________.
4. All parties asserting claims for relief shall file their designation of testifying experts
and serve on all parties, but not file, the materials required by Federal Rule of Civil Procedure
26(a)(2)(B) on or before ______________. Parties resisting claims for relief shall file their
designation of testifying experts and serve on all parties, but not file, the materials required by
Federal Rule of Civil Procedure 26(a)(2)(B) on or before ______________. All parties shall file
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all designations of rebuttal experts and serve on all parties the material required by Federal Rule
of Civil Procedure 26(a)(2)(B) for such rebuttal experts, to the extent not already served, 15 days
from the receipt of the report of the opposing expert.
5. Any objection to the reliability of an expert’s proposed testimony under Federal Rule
of Evidence 702 shall be made by motion, specifically stating the basis for the objection and
identifying the objectionable testimony, within 11 days from the receipt of the written report of
the expert’s proposed testimony, or within 11 days from the completion of the expert’s
deposition, if a deposition is taken, whichever is later.
6. The parties shall complete discovery on or before ______________.
7. All dispositive motions shall be filed and served on all other parties on or before
______________, and shall be limited to 20 pages. Responses shall be filed and served on all
other parties not later than 14 days after the service of the motion and shall be limited to 20
pages. Any replies shall be filed and served on all other parties not later than 7 days after the
service of the response and shall be limited to 10 pages, but the court need not wait for the reply
before ruling on the motion.
8. This case is set for final pretrial conference, in Courtroom #8, on ______________.
The final pretrial conference shall be attended by at least one of the attorneys who will conduct
the trial for each of the parties and by any unrepresented parties. The parties should consult
Local Rule CV-16(f) regarding matters to be filed in advance of the final pretrial conference.
However, the court modifies the parties’ obligations under Local Rule CV-16(f) as follows.
The parties’ proposed jury instructions and verdict shall be an agreed, joint submission. Where
the parties cannot reach an agreement on individual instructions, they may each submit
competing proposals for the instruction labeled “Plaintiff’s Proposed Instruction” and
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“Defendant’s Proposed Instruction,” with brief explanations of why their proposal more
accurately reflects the law. After filing, the parties are instructed to email Word versions of the
agreed, joint proposed instructions and verdict form to
[email protected].
Additionally, the court requires the parties to meet and confer before filing any motions in limine
and to indicate which items of their motions in limine are agreed to and which are opposed.
9. This case is set for jury trial, in Courtroom #8, beginning at 9:00 a.m. on
______________. The attorneys and parties are ordered to appear at 8:30 a.m. for any final
matters.
SIGNED ______________,
_______________________________
MARK LANE
UNITED STATES MAGISTRATE JUDGE
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